Smt. Fathimunnisa W/O Late ... vs Bharat Kumar Joshi S/O Shri ...
2022 Latest Caselaw 3880 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 428/2022

Smt. Fathimunnisa W/o Late Babukhan,
                                                                  ----Appellant
                                   Versus
Bharat Kumar Joshi S/o Shri Dharmdas Joshi,
                                                                ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 689/2020 New India Insurance Company Limited

----Appellant Versus Smt. Fatimunnisa W/o Late Babu Khan

----Respondent

For Appellant(s) : Mr. Akshat Chaudhary For Respondent(s) : Mr. V.P. Mathur

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

17/05/2022 Insurance Company and claimants, both, have filed appeals

assailing the judgment and award dated 14.11.2019 passed by

the MACT and Additional District & Sessions Judge, No.1,

Kishangarh, District Ajmer in Claim Case No.109/2012 (C.I.S

No.345/2014).

There is some delay in filing the appeal by claimants.

However, considering the fact that impugned judgment and

award is also under challenged by Insurance Company, this Court

deems it just and proper to condone the delay to hear both

appeals on merits. Hence, delay in filing appeal by claimants is

condoned.

Heard counsel for both parties.

(2 of 2) [CMA-428/2022]

Both appeals are admitted for hearing.

Issue notice to respondents.

Since, claimants and Insurance Company have already

appeared so in both appeals notices be issued to the remaining

respondents.

Counsel for Insurance Company has deposited entire amount

of compensation pursuant to the order dated 05.03.2020 passed

in S.B. Civil Misc. Appeal No.689/2020.

Claimant has filed an application for disbursement of

compensation.

Having considered the facts and circumstances of the case,

50% out of award amount be disbursed to claimants through

saving bank account furnished by claimants. Remaining 50%

amount of award be deposited in the FDR, before a nationalized

bank initially for a period of three years subject to renewal from

time to time.

With aforesaid, the stay application and application for

disbursement of compensation stand disposed of.

Record of the Tribunal, if has already been summoned, may

be returned in order to complete the proceedings of deposition

and disbursement of compensation as mentioned hereinabove and

thereafter only the Tribunal shall send the record of this claim

petition to this Court.

(SUDESH BANSAL),J

SACHIN/92-93

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